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WiNTER 2011 www.nukebusters.org

CAN Celebrates 20th Anniversary!

On a cool Fall day in October, we did something we never imagined we would do when we first started organizing the Citi-zens Awareness Nework (CAN) in 1991 to close the Yankee Rowe reactor—WE CELEBRATED OUR 20th BIRTHDAY! About 150 friends, members and allies came together to commemorate the work we’ve done, the stories we’ve created, and the changes we’ve brought about—and to start mapping out the road that lies ahead of us. We were helped by some wonderful local performers and musicians who reminded us that ours is certainly a revolution that even Emma Goldman would have been proud of as we danced and laughed together for hours: Music from Patty Carpenter and friends, the Wildcat O’Halloran Blues Band and Damon Reeves and the Love Thieves kept us dancing while Rae C. Wright, Will Nukem’ (Court Dorsey), and Waffles the Clown (Josh Dostis) brought down the house with their incisively witty and outrageous humor. And several local chefs and businesses honored us by providing delicious food and libations For the anniversary, we put together a timeline of important events and achievements in CAN’s history. It stretches over 20 feet

continued on page 5

On a snowy Sunday morning, citizens from Vermont, New Hampshire, and Massachusetts came to the gates of the Vermont Yankee reactor to serve Entergy notice. Organized by the SAGE Alliance—a coalition of groups including CAN, Safe and Green, Vermont Yankee Decommissioning Alliance, and Clamshell Alliance—over 170 people voiced their hopes, fears and commitment to Vermont Yankee’s closure in March 2012 as well as a commitment to a sustainable energy future. The State of Vermont gave Entergy notice in 2010, when the VT senate refused to allow the cor-poration to receive a Certificate of Public Good for Vermont Yankee’s continued operation after March 2012. Acting with arrogance and contempt for the state, Entergy chose to spend $90 million to refuel its aging reactor while it argued in District court that it needed an injunction because the capital risk of refueling was too great with the potential for closure. When the judge refused to grant an injunction, En-tergy bought the fuel.

Entergy: Your Days Are Numbered

continued on page 3

January 2012 will be the beginning of the end of the En-tergy Nuclear Vermont Yankee Nuclear Reactor. BUT – it’s not the end. Entergy has taken the extraordinary action of suing the State of Vermont to remain open beyond March 21, 2012, in spite of the fact that it was clear when they bought the plant that it would close on that date. Entergy also understood that the legislature would play a critical role in its continued operation. They signed agree-ments known as Memorandums

of Understanding (MOU) agreeing that the State has a say in the continued operations in exchange for up-rating the output of the plant by an additional 20 percent and being allowed to store high-level, nuclear waste on the banks of the Connecticut River in perpetuity. This was a great benefit to Entergy.

For its cooperation, Vermont is now being sued. The rela-tionship between the State and Entergy has turned adversarial, and for good reasons. The plant has been allowed to catch fire, collapse and leak radiation. The operators have lied to us under oath. Entergy has demonstrated (in other states where they oper-ate) that when they don’t get their way, they sue.

What Entergy may fail to understand is that states do have rights when it comes to location and/or allowing a nuclear plant to continue to operate. The NRC has made it eminently clear that states do play a role and can decide against having nuclear power in its energy plans.

Beginning in January of 2012 we can expect to see a ratifica-tion of an energy plan for the first time in a decade. Jim Douglas, VT’s previous governor, had little if any concerns about our energy future. That has changed with Gov. Shumlin.

In addition to having a new energy plan up for adoption we

can expect to see numerous ideas coming forward regarding future regulation of the VY plant. Whether or not we will win the court case remains to be seen. Win or lose we can expect the loser to appeal, during which time we can expect Entergy to file a request to the court to continue to operate during the appeal period. This would not be good for us and may very well happen.

Over the summer months I have worked closely with key legislators to devise a strategy as to how best to deal with the VY reactor after March of 2012. Even if we win the suit there will still be much work that will need to be done this next session.

For instance: what is the State’s plan for dealing with the long-term storage of high-level nuclear waste? There will be implications to the state simply from having the waste where it was never originally intended to be. The State also has the right to tax the nuclear waste. Will it?

The State also has the right to hold Entergy accountable to its promise to reclaim the site back to “greenfield” status which means the removal of radioactive and chemical contamination that would allow the site to be used for other purposes. There is currently no money to do so. Will the legislature insist that money be secured to do the job Entergy promised it would do?

There is already a bill that will be introduced on the opening day of the session that would change current law regarding the CPG (Certificate of Public Good). Currently, any utility operating without a CPG is subject to a minimal, civil fine. The proposed legislation would change the law and make it a criminal offense to operate without a CPG, with fines up to $100,000 per day.

Furthermore, this proposed legislation would also make it a criminal offense to do business with any utility operating without a CPG, which means that any company that delivers goods and services to VY could no longer do so. It would also prohibit VELCO from allowing VY to distribute power over VELCO’s power lines.

I think you can see where all this is going. It’s going to be an incredibly interesting year with a great deal of activity focused around the closure of the VT Yankee Nuclear reactor. It is impos-sible to predict at this time just what will happen, but you can be assured that your voice will be brought to the table through my representation. I will ensure that you will be heard. That is my job.

As always, thank you all very much for your support, for without each and every one of you we would not be where we are today.

Best regards, Bob Stannard, the People’s Lobbyist

Citizen’s Lobbyist Bob Stannard’s Report 2012: A Year to Remember

We Couldn’t Do It Without Your Help!We want to thank all of our donors, our support-ers and volunteers who make our work possible.

Solidago Foundation • Block FoundationGuacamole Foundation • Van Italie Foundation

Linthilhac Foundation Institute for Energy and Environmental Research

Lisa Clark • Paul Burton Harvey Shacktman • Charlene Divoky

This past September, a group of CAN members attended the proceedings of Entergy vs. The State of Vermont at the Federal Courthouse in Brattleboro. Judge Garvan Murtha presided over three days of testimony, and as we go to press we await his decision. Entergy claims Vermont has strayed into exclusive federal regulatory turf and cannot order Ver-mont Yankee to close when the current Certificate of Public Good issued by the state expires on 3/21/2012. Notwithstand-ing Entergy’s longstanding commitments to respect Vermont law, the company cried foul when the Vermont Senate voted to not allow the Public Service Board to issue or deny a new certificate. On day one of the trial, witnesses for the state presented testimony showing the longstanding nature of Vermont’s en-ergy planning, the desire of Vermonters to turn to efficiency and renewables in the coming decades, as well as the great lengths the legislature took to examine the issue of Vermont Yankee’s future role after the expiration of its Certificate of Public Good. The day ended with a video deposition of Entergy’s chief lobbyist Curt Hebert. Mr. Hebert made it clear that the company had lost significant legislative support for continued operation because of misleading testimony regarding leaking underground pipes and the failed plan to spin-off Vermont Yankee into a highly leveraged shell corporation called Enexus. Day two was dominated by Entergy arguing that the State of Vermont had engaged in a grand conspiracy to usurp federal power and close Vermont Yankee solely for radiologi-cal safety reasons. According to Entergy, three separately elected General Assemblies and Governor Jim Douglas conspired to act on the issues of plant reliability, energy generation planning, economic impacts, and environmental regulations regarding the public good of Vermont Yankee but were actually only concerned with radiological safety. It was quite an unconvincing stretch. On day three the parties presented closing arguments. Lawyers for Vermont made a calm logical summation of the contractual agreements Entergy was disregarding and the nature of the final versions of the laws Entergy was asking the court to overturn. The Attorney General’s team did a fine job defending the people of Vermont. The legal team for Entergy took three hours to reinforce their conspiracy theory. They spoke loudly and repeated themselves over and over. In the end they appeared to back away from much of what the company was asking the judge to overturn and indicated that the company would support the process being sent to the Public Service Board for review. So concluded phase one of what will likely be a long series of appeals of the court’s decision. - Chris Williams, VT CAN organizer

Entergy vs. the State of Vermont

Entergy: Your Days Are Numberedcontinued from page 1

CAN’s Annual Board MeetingCAN’s board meeting will take place this winter.

We are seeking to expand our Board as we work to replace Vermont Yankee and Indian Point, hold Entergy accountable, and create a carbon-free nuclear-free future in New England and the

Northeast. These are exciting times and we hope that you would think of joining us.

If you are interested, contact Joan Sellers 413- 658 5399

This rogue corporation is acting in defiance of the will of the people. These new fuel rods will power the reactor past March 21. Refueling sends a clear message: Entergy will not shutter its aged, systemically mismanaged nuclear reactor on time. In fact, this corporation acts as if the state of Vermont has no power to choose a sustainable energy future over an untrustworthy foreign corporation concerned only with the monetary well-being of its shareholders. We who support the state of Vermont and oppose the con-tinued operation of Vermont Yankee are dedicated to creating a nuclear-free, carbon-free future for our children and future gen-erations. The people have issued a clear message: we continue our longstanding opposition to the Entergy Corporation’s leaks, lies, and defiance of the law. Join us in making this statement to Entergy corporation repeatedly: We, the people, are determined that Vermont Yankee will close on March 21, 2012. The SAGE Alliance is committed to replacing Vermont Yan-kee with sustainable energy solutions. You can visit our website at: www.SAGEAlliance.net.

People Speak Truth to Power - indian Point Rally

Gary Null, NYC’s noted health guru and documen-tary filmmaker, has joined the fight against the Indian Point Nuclear Reactor! On Oct. 8, Null issued a call to arms to more than 400 people attending a Close Indian Point rally in front of Governor Cuomo’s Manhattan office. He had high words of praise for the Governor’s long standing commitment to shut the twin reactors, and urged residents to back the Governor’s refusal to grant water quality permits to the Indian Point Plants. Though he praised the governor, Null urged residents to pressure the Legislature to oppose the relicensing of Indian Point. Null was flanked by Chris Williams (SNIPN), Laura Haight (NYPIRG), Gary Shaw (IPSEC), Manna Jo Greene (Clearwater), Rosie Tovi (Shutdownindian-pointnow.org) and Maureen Ritter (Rockland Citizens Awareness Network). Speaker after speaker made the point that Westchester and New York City are in this together and what happens at Indian Point affects both reactor communities. The

audience was very receptive and took tons of handouts, especially the letter to the Governor. They were inspired by the fact that Gary Null had photographs of the faces of some of our prominent politicians who are missing in action when it comes to Indian Point. This was a highly motivated group who came prepared with signs even though many were new to the issue. Gary gave out copies of the Resolution and encouraged people to take it back to their community boards. Everyone was encouraged to thank Governor Cuomo and to educate Mayor Bloomberg. A video of the event is available on you tube at http://youtube/Wke8-41llR8 Null’s recently released documentary “Knocking on the Devil’s Door,” details the many problems associ-ated with nuclear power. -Margo Schephart Westchester Citizens Awareness NetworkGary Null at Indian Point Rally

Maureen Ritter (Rockland Citizens Awareness Network)

long. The sight of it alone was testimony to the amazing things that a small group of thoughtful, committed people can achieve. Even more daunting was remembering all of the people that have been part of making that history, some of whom are still involved and others not; some who have only joined CAN recently, and others who are no longer with us. From co-founders like CAN Treasurer Harvey Schaktman and Executive Director Deb Katz, who are still leading our work today, to CAN’s first President Fred Katz, who passed along the way but whose courage, smarts, and sense of humor still infuse our organization. From former organizers like David Kotker and Derrik Jordan, to new organizers and volunteers like Joan Sell-ers, Claire Chang and John Ward, it is truly the people that have made this organization work. Through all the good ways in which they have been involved, together we have made each other better too. The anniversary has enabled us to take stock of where we’ve come from and what the road ahead holds in store. CAN began unexpectedly, by stealing a victory out of a crisis, with a bunch of farmers and rural hippies who knew nothing about nuclear power rising up and shutting down Yankee Rowe. Some would say audaciously, through connections with friends and allies in Connecticut, we expanded beyond Western Massachusetts and went on to close two more reactors: Connecticut Yankee and Millstone Unit 1. In the process, we began to understand just how our com-munity’s struggles were part of a long chain of environmental injustices: from the poor Native American and Latino communi-ties poisoned by the mining and processing of nuclear fuel, to the African-American and Native-American communities where the toxic nuclear waste is dumped. Our Caravan of Conscience tours transformed CAN while forming a direct connection to people hundreds or thousands of miles from where we lived. By the time Entergy and other giant power companies moved in to snap up all the reactors in the Northeast, the rules had changed as much as CAN had. What we thought would be a five-year campaign to close the rest of New England’s reactors was no longer going to work. 9/11 and the nature of the threat nuclear reactors pose changed the picture even further. While we joined with our friends across the country to lead a national

20th Anniversarycontinued from page 1

push for greater security at reactor sites, we realized that to close Vermont Yankee, Indian Point, and other reactors, we needed to change our focus and bring the incredible power of change back to our local reactor communities. The passage of Act 160 in Vermont and the campaign that has taken us to this point have been that new way forward. We’ve proven that grassroots organizing can empower communities to determine their own energy future. Our 20th anniversary has made it clear that we still have a lot of work ahead of us, but also that we have an increasingly important role to play in building what comes after nuclear power. The equally courageous fights by our friends opposing the natural gas fracking industry shows us that our struggle against nuclear power is not separate from the struggles to stop climate change and protect our water supply. Just as Occupy Wall Street is making clear what it means to choose between the 99 percent and the 1 percent, the next phase of CAN’s work will increasingly be about making the choice between continuing down the path of contamination, unemploy-ment, and austerity, and building the road to safety, health, and prosperity. We have always been about choosing a better a future for our communities. Now, we will be a part of building the road to get there. - Tim Judson, Central New York CAN (CNY CAN)

Patty Carpenter and friends provided music for CAN’s Birthday Party.

Will Nukem’ (Court Dorsey).

For great food and drink, fantastic music and entertainment, superb design work and more, THANK YOU to these gener-ous donors who made the CAN 20th Anniversary Party possible!

Brattleboro Food Co-op • BJ’s Wholesale Club • Café Martin & West End Pub • Patty Carpenter and friends • LKC Design •

Clarkdale Fruit Farm • Josh Jay a.k.a. Waffles T. Clown • Tim Corley & Wendy Curtice • Dean’s Beans • Russ Dean & the Kiwanis Club of Bernardston, MA • Court Dorsey a.k.a. Will Nukem • Falltown

Spirits • The Flaming Baguette Bakers • Franklin Community Co-op • Franklin County Solid Waste Management District • Green-field Solar Store • Hot Mama’s Foods • Hungry Ghost Bread • Tiffany Johnson • Katalyst Kombucha • Brian Knox Catering •

Mesa Verde • Mountain View Farm • Wildcat O’Hallaron • People’s Pint • Putney Food Co-op • Racey Wright • Rikki & Frank Rozelle

• Penni Andrea Stevens • Damon Reeves and the Love Theivesand all those who have so tirelessly given their time

and labor, support and love…….we thank you!

Supporters for Shut It Down actions are, from Massachusetts, Susan Lantz of Northampton; Pat Larson of Orange; Clare Over-lander of Easthampton; Mary-Ann Palmieri of New Salem; Cate Woolner of Northfield.

Shut It Down Affinity Group Manifesto Why we witness in civil resistance at Vermont Yankee, Vernon, VT in the nonviolent tradition of Mahatma Gandhi, Martin Luther King Jr., and others. Drafted by Hattie Nestel in September, 2011 after reading “Why We Can’t Wait,” the 1964 letter of Martin Luther King. Jr. from Birmingham Jail and adopted by the Shut It Down Affinity Group.

WE ACT BECAUSE VERMONT YANKEE iS NOT SHUT DOWN

Vermont Yankee risks the lives of those in the elementary school across the street. Vermont Yankee poisons the air, the nearby agricultural lands, the Connecticut River, and the aquifers. Vermont Yankee leaks radioactive isotopes and generates radioactive waste that will last thousands of years and can not be safely stored. Vermont Yankee risks the lives of all living beings of Vermont, New Hampshire, and Massachusetts, even into future genera-tions. We act out of our sense of urgency to shut down Vermont Yankee. We act because Vermont Yankee is politically, economically, socially, and environmentally dangerous. We act because the state and federal governments have failed to protect us. We act because nonviolent direct action is just, powerful, and moral. We act because no force is more powerful than truth. We act because we must do the right action for the right reason as the right means to the right ends. By acting, we have shut down Vermont Yankee. Yet we must keep shutting down Vermont Yankee until Ver-mont Yankee is shut down for good.

CAN ContactsCAN Central/MA: Box 83 Shelburne Falls, MA 01370 • 413-339-5781

VT: P.O. Box 16, Hancock, VT 05748 • 802-767-4276

CNY: 140 Basset St., Syracuse, NY 13210 • 315-425-0430

WESCAN: 42A Adrian Ct., Cortlandt Manor, NY 10567 • 914-739-6164

www.nukebusters.org

A manifesto recently crafted by the Shut It Down affinity group proclaims their motivations and objectives. In con-tinuing efforts to shut down the Vermont Yankee nuclear power plant in Vernon, the 22 women have embraced civil resistance on 12 occasions since 2005. Groups ranging from five to fifteen women have breached gate security at the plant during the past six years to lock the gate shut, spray paint warnings of nuclear danger, and block the driveway with banners and “caution” tape. Members of the Shut It Down group include active and retired social workers, psychotherapists, college professors, high school and elementary teachers, retail merchants, web designers, garden-ers, mediators, and psychologists ranging in age from 42 to 94. All residents of Massachusetts, New Hampshire, and Vermont, the women share the belief that nuclear power is dangerous, expensive, and untenable. All believe that Vermont Yankee should be shut down immediately and that there is no reason to wait. Women of the Shut It Down affinity group have risked arrest to close Vermont Yankee on many occasions either at the Vernon, Vermont power plant or the Brattleboro corporate offices or both. Those who have acted with Shut It Down include: • From Massachusetts: Sandra Boston of Greenfield; Claire Chang of Gill; Betsy Corner of Colrain; Jo Comerford, Frances Crowe, Nancy First, and Paki Wieland of Northampton; Dorthee of Wendell; Marcia Gagliardi and Hattie Nestel of Athol; Ellen Graves of West Springfield; Jean Grossholtz of South Hadley; • From Vermont: Julia Bonafine of Cuttingsville; Martha Hennessey and Julie Levy of Wethersfield; Robin Lloyd and Susan Spencer Smith of Burlington; Valerie Mullen of Vershire; Nina Swaim of Sharon; Lea Wood of Montpelier, Deb Reger of Corinth. • From New Hampshire: Jennie Wright of Quaker City and Nelia Sargent of Claremont.

Another Action at Vermont YankeeManifesto of the Shut it Down Affinity Group

Shut it Down Affinity group action at the gates of Vermont Yankee nuclear reactor